Weissman v. Ryan
Cite as: Weissman v. Ryan, 570575/12, NYLJ 1202587382670, at *1 (Sup., App. Tm., 1st, Decided November 20, 2012)
Before: Shulman, J.P., Hunter, Jr., Torres, JJ.
Decided: November 20, 2012
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), dated March 28, 2012, which, after a traverse, denied his motion to dismiss the petition in a holdover summary proceeding.
Order (Sabrina B. Kraus, J.), dated March 28, 2012, affirmed, with $10 costs.
The record supports the traverse court's determination that landlord effectuated service of the notice of petition and petition upon tenant in compliance with RPAPL §735(1). Any inaccuracies or discrepancies in the process server's testimony were primarily for the traverse court, as factfinder, to resolve (see Bunin v. Hoffman, 244 AD2d 163
), and were not so significant as to warrant disturbing the court's finding that tenant was properly served (F.D.I.C. v. Evangelista, 226 AD2d 208 ). Nor, on this record, did the process server's inability to produce a complete copy of his logbook require a finding of improper service (see Hudson House v. Gabriel, 195 Misc 2d 453, 454 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.